Rhode Island Department of Administration

A collaborative effort between theOffice of Diversity, Equity and Opportunity (ODEO)

and theDivision of Purchases

to commence implementation of new regulations for MBE and WBE participation

Effective April 20, 2017

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Rhode Island Department of Administrationwww.admin.ri.gov

The Office of Diversity, Equity and Opportunity (ODEO)

http://odeo.ri.gov/

■ The Office of Diversity, Equity and Opportunity (ODEO) is a division within the Department of Administration that was created in the summer of 2014 as a result of the State’s implementation of Executive Order 13-05, entitled: Promotion of Diversity, Equal Opportunity and Minority Business Enterprises in Rhode Island. This executive order required the Director of the Department of Administration (Department) to review all divisions and offices within the Department charged with facilitating equal opportunity employment and MBEs, including, but not limited to, the Division of Human Resources, the State Equal Opportunity Office, the Human Resources Outreach and Diversity Office, the Division of Purchases, and the MBE Program, and make recommendations to the Governor to improve collaboration between these offices and all executive departments to ensure these programs are more effective. As a result of a collaborative effort amongst these divisions, as well as other divisions within the Department of Administration, several recommendations were submitted to the Governor, one of which was the creation of the ODEO.

■ The ODEO oversees operations within the State Equal Opportunity Office, the Human Resources Outreach & Diversity Office, the Minority Business Enterprise Compliance Office, and the newly created Supplier Diversity Office.

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Minority Business Enterprise Compliance Office MBE/WBEhttp://odeo.ri.gov/offices/mbeco/index.php

MBECO services include certification and compliance.

MBECO Certification:

■ Minority Business Enterprises (MBE)

■ Women Business Enterprises (WBE)

MBECO Compliance:

■ Ensures compliance with the participation of MBE and WBE firms on all state procurement activities

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The State Equal Opportunity Office is charged with providing training and technical assistance requested by any company doing business in Rhode Island and to all state departments as is necessary to comply with the intent of RIGL 28-5.1-2. The State Equal Opportunity Office is also charged with issuing any guidelines, directives or instructions necessary to effectuate its responsibilities under this chapter, and to investigate possible discrimination, hold hearings, and direct corrective action to said discrimination.

Equal Opportunity Officehttp://odeo.ri.gov/offices/eoo/

1.6 Definitions, 4. “Disability Business Enterprise”means a small business concern that is owned and controlled by one or more individuals with disabilities as defined by R.I. Gen. Laws § 37-2.2-2. To be recognized under these Regulations as a Disability Business Enterprise, the business must be certified as a Disability Business Enterprise by the Governor’s Commission on Disabilities.

1.6 Definitions, 7. “ISBE”means a small business enterprise that is owned and controlled by one or more individuals who are women or minorities as defined by R.I. Gen. Laws § 37-14.1-3 or a small business enterprise that is owned and controlled by one or more individuals with disabilities as defined by R.I. Gen. Laws § 37-2.2-2. To be recognized under these Regulations as an ISBE, the business must be certified as either:

a. an MBE by the ODEO;b. a WBE by the ODEO; orc. a Disability Business Enterprise by the Governor’s Commission on Disabilities

1.6 Definitions, 8. “ISBE Participation Rate”means the ratio of the amount of work performed in connection with a State procurement contract or public works project by ISBEs to the amount of work performed by all contractors and subcontractors.

ISBE Explained

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The Division of Purchases (Purchases)www.purchasing.ri.gov

■ R.I. Gen. Laws §37-2-1, et. seq. “State Purchases Act”

■ A Division within the Department of Administration

■ Purchases is the centralized procurement authority for the State of Rhode Island.

■ Annually solicit approximately 1,000 bids which includes Requests for Proposals (RFP) and Requests for Quotes (RFQ)

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Purchases Implementation for MBE/WBE ParticipationEffective 4/20/17

Agenda

Requests for Proposals (“RFPs”) - Implementation of Point System for MBE/WBE Participation

Non-DBE* Service Request for Quotations (“RFQs”) – require Statement of Acknowledgement with bid or request for quotation and tentative award letter which will require submission of MBE and WBE Participation Plan within 5 days of award letter

EEO Requirements

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*US Department of Transportation Disadvantaged Business Enterprise (“DBE”) Program

POINT SYSTEM – RFPSNEW REGULATIONS EFFECTIVE 4/20/17

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New Point System – RFPs 4/20/17■ Changes in the selection methodology for Requests for Proposals (“RFPs”) to encourage increased

utilization of minority, women, and disability business enterprises (“M/W/DisBEs”) to comply with new ODEO regulations.

■ Process will be used in conjunction with all evaluated bids. RFPs awarded based on cost and technical scores will now consider points based on MBE/WBE/DisBE’s participation

Old Way New Way

Request for Proposals were evaluated based on technical and cost criteria only

Evaluation now based on Technical, Cost and MBE/WBE/DisBE’s Participation Bidders must submit their MBE/WBE/DisBE’sParticipation Plan with their bid in a separately sealed envelope

MBE/WBE/DisBE’s participation was not considered in the evaluation process

Points will be awarded to bidders utilizing minority, women and disability firms

MBE/WBE/DisBE’s Participation Plans were requested after a tentative award notice was issued to vendor(s)

Bidder(s) with the highest participation rate receive the highest bonus points. All other bidders will receive MBE bonus points on a pro rata basis

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New Point System – RFPs 4/20/17RFP Bid Submission Old Way RFP Bid Submission New Way

Included:1. Technical Proposal2. Cost Proposal in a separate sealed envelope

Includes:1. Technical Proposal2. Cost Proposal in separate sealed envelope3. MBE/WBE/DisBE’s Participation Plan

in a separate sealed envelope

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New Point System – RFPs 4/20/17RFP Evaluation Old Way RFP Evaluation New Way

1. Phase I - Technical Evaluation Memo to Request Release of Cost Proposal Submitted to Purchases by Evaluation Committee Chair

2. Cost Proposal Released to Evaluation Committee

3. Phase II - Final Evaluation Memo of Technical and Cost Components, with requested vendor award(s), Submitted to Purchases by Committee Chair

4. Purchases Issuance of Tentative Award included MBE Participation Plan as element of Required Documentation

1. Phase I - Technical Evaluation to Request Release of Cost Proposal and Participation Plan to be submitted to Purchases by Evaluation Committee Chair

2. Cost Proposal and MBE/WBE/DisBE’sParticipation Plan Released to Evaluation Committee

3. Phase II - Final Evaluation Memo o fTechnical, Cost, and MBE/WBE/DisBE’s Points, with requested vendor award(s), to be Submitted to Purchases by Committee Chair

4. Purchases Issuance of Tentative Award (no longer includes MBE Participation Plan as element of Required Documentation)

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Policy remains to be drafted

How is the point criteria changed

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Tech and cost criteria unchanged

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New criteria for ISBE Participation Evaluation

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1.7 Request for Proposals, E. Proposer’s Responsibilities, 2. Failure to Submit ISBE Participation Rate.

• Any Proposer that fails to submit a proposed ISBE Participation Rate or any requested substantiating documentation in a timely manner shall receive zero (0) ISBE participation points.

Failure to Submit ISBE Participation Rate

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For each RFP issued, the Using Agency MBE/WBE will appoint a Coordinator who shall be responsible for compliance oversight and tracking and recordkeeping all data and information that is required to be reported by each State Agency under Section 1.11 of this Part.

State Agency MBE/WBE Coordinators

NON-DBESERVICE

RFQS

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Non-DBE* Service RFQs■ A bidder shall include with its bid or Request for Quotation (“RFQ”) the Statement

of Acknowledgement, which outlines the provisions of State law and the obligation to meet the minimum ten percent (10%) MBE participation rate. Note this is a written statement for vendor inclusion in proposal (there is no form).Ref: 1.8 Request for Quotes, E. Bidder Responsibilities, 1. Acknowledgement.

“A Bidder shall include with its bid or quote, a statement acknowledging the provisions of R.I. Gen. Laws Ch. 37-14.1 and its obligation to meet the Aggregate Utilization Rate.”

■ Within 5 business days after receipt of the tentative award letter, the vendor must submit a completed and signed MBE Plan to the Office of Diversity, Equity and Opportunity, MBE Compliance Office.

■ Prior to the issuance of a purchase order, either an approved MBE Utilization Plan must be in place or a waiver of the participation requirement must be granted by ODEO / MBE based upon documentation of “Good Faith Efforts.”

*US Department of Transportation Disadvantaged Business Enterprise (“DBE”) Program

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EEO REQUIREMENTS

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EEO* Requirements

Regulatory History:

■ President Obama issued an amendment to Executive Order 11246, originally issued by President Lyndon B. Johnson, adding sexual orientation and gender identity to the list of protected categories (2014).

■ Enacted in 1988, the statute governing state contracts (§ 28-5.1-10) mandates that contractors/subcontractors doing business with the State of Rhode Island comply with federal executive orders relating to EEO requirements.

*Equal Employment Opportunity (“EEO”) 20

EEO Requirements

Affirmative Action Requirements:■ Contractors and subcontractors who do more than $10,000 in government business

in one year are prohibited from engaging in employment discrimination on the basis of race, color, religion, sex, sexual orientation and gender identity, as well as national origin, and are required to submit an “Affirmative Action Policy Statement.”

■ Contractors with 50 or more employees and $50,000 or more in government contracts must prepare a written “Affirmative Action Plan.”

■ Under the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (“VEVRAA”) and Section 503 of the Rehabilitation Act of 1973, federal contractors and subcontractors are required to take affirmative action to recruit, hire and promote qualified veterans and persons with disabilities, respectively.

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EEO Requirements

Before Purchase Order is Issued, Vendor Must

Complete:

Throughout the Life of the Contract, Vendor Must

Complete:

At the End of the Contract, Vendor Must Complete:

Contract Compliance Report

Certification of Compliance

Affirmative Action Plan or Policy Statement

Monthly Utilization Report Contract Letter of Completion

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NEW NOTIFICATION OF TENTATIVE SELECTIONLETTER REQUIREMENTSFOR NON-DBE CONSTRUCTION RFQSAND ALL RFPS

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New Notification of Tentative Selection Letter

Section 4) Affirmative Action Plan

Check Box 1, 2 and 3 for Non-Public Works ProjectsCheck Box 1, 2, 3 and 4 for Public Works Projects

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3

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New Notification of Tentative Selection Letter

Section 5) Minority Business Enterprise (MBE) Plan

Check Box 5) will be checked for Requests for Quotes “RFQs”

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Where to find Minority Business Enterprise Formshttp://odeo.ri.gov/offices/mbeco/mbe-wbe.php#section4

Department of Administration ODEO Team:One Capitol Hill

Providence, RI 02908

Cheryl BurrellAssociate DirectorOffice of Diversity, Equity and Opportunity (ODEO)401.222.6397 Cheryl.Burrell@doa.ri.gov

Dorinda KeeneAssistant AdministratorODEO/ Minority Business Enterprise Compliance Office401.574.8670 Dorinda.Keene@doa.ri.gov

Elvys RuizChief Program DevelopmentODEO/ Supplier Diversity Office401.574.8253 Elvys.Ruiz@doa.ri.gov

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